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McCARTHY v. KAMINSKI

2008-08639

69 A.D.3d 685 (2010)

891 N.Y.S.2d 653

2010 NY Slip Op 229

MICHAEL N. McCARTHY, Respondent, v. FRANK KAMINSKI, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 12, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Frank Kaminski established his prima facie entitlement to judgment as a matter of law through evidence that the plaintiff's decedent understood that she was conveying to him title to her three houses, reserving a life estate to herself (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986];...

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